Legal Question in Criminal Law in New York

Re: Can a Public Defender be Denied

Yes. Although $18k doesn't seem like a lot of money, there are a significant number of people who make a lot less than $18k. There are lawyer referral services that may be able to provide names of attorneys who can help out for a reasonable amount.

Re: Can a Public Defender be Denied

Yes, a public defender can be denied under those circumstances. A public defender can only be appointed by the court when (a) the person is indigent, and (b) there is a substantial likelihood that, if found guilty, the person will be incarcerated. The definition may vary somewhat from judge to judge, but most judges I have appeared before (and I have been a public defender) are not only cognizent of the defendant's rights, but also the taxpayer's money that funds the public defenders. There is an assumption (often not correct) that if a person makes a certain amount of money, they can afford their own attorney. On the other side, private attorneys often gripe because judges, to them, seem TOO eager to appoint a public defender. So it goes both ways.